Telangana High Court
Vadde Bhagyamma vs M/S. P.S. Cargo Services And Another on 25 June, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.3139 OF 2008
JUDGMENT:
1. Aggrieved by the award and decree dated 07.03.2007 in O.P.No.584 of 2004 on the file of the Chairman, Motor Accidents Claims Tribunal (III District Judge, I F.T.C), Nalgonda, the claimant has filed this appeal for enhancement of the compensation amount.
2. Heard learned counsel for the appellant-claimant and learned Standing Counsel for respondent No.2- National Insurance Company Limited.
3. The case of the appellant is that on 21.04.2004 while she was going on DCM van as a passenger, the driver of the van drove it in a rash and negligent manner and dashed it at a high speed to a maruthi car due to which the van turned turtle and the claimant sustained the following injuries:-
(i) Abrasion over back, which is simple in nature.
(ii) Swelling and tenderness over public and on taking X-ray of the left Iliac bone, it revealed fracture of left pelvic ramus which is grievous in nature.
4. The tribunal found that she is entitled for Rs.15,000/- for the grievous injury and Rs.2,000/- for the simple injury. The income of Rs.3,000/- per month as claimed by the appellant before the Court below 2 can be considered while granting compensation. As she was advised to take bed rest for three (03) months, she is entitled for an amount of Rs.9,000/- under the head loss of income.
5. Accordingly, this Court deems it fit and proper to enhance the compensation as follows:-
1. Loss of income @ Rs.3,000/- Rs.9,000/-
(Rs.3,000 X 3) = 9,000/-
2. Transportation Rs.5,000/-
3. Extra Nourishment Rs.10,000/-
4. Pain and Suffering Rs.25,000/-
5. Medical treatment/medicines Rs.20,000/-
6. Attendant Charges Rs.5,000/-
7. Loss of earnings due to partial Rs.25,000/-
permanent disability
TOTAL Rs.99,000/-
9. In the result, the M.A.C.M.A is partly allowed enhancing the compensation amount granted by the Tribunal from Rs.23,500/- to Rs.99,000/-(Rupees Ninety Nine Thousand only) with interest at the rate of 7.5 percent per annum from the date of petition till the date of realization to be payable by the respondent No.2 within a period of one(1) month from the date of receipt of a copy of this order. On such deposit of the amount, the claimant is entitled to withdraw the same. 3
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_______________________ JUSTICE K.SURENDER Date : 25.06.2024 ssy